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Application
E IDIAN�-- Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: February 26, 2015 Transmittal Date: February 11, 2015 File No.: CUP 15-001 Hearing Date: March 5, 2015 Request: Public Hearing: Conditional Use Permit for a self-service storage facility in a C -G zoning district for Franklin Mini -Storage By: Osborne Enterprises Location of Property or Project: 1975 E. Franklin Road _Ryan Fitzgerald (No FP) _Gregory Wilson (No FP) _Steven Yearsley (No FP) —Patrick Oliver (No FP) _Rhonda McCarvel (No FP) _Tammy de Weerd, Mayor _City Council —Sanitary Services —Building Department/ Rick Jackson _ Fire Department Police Department _ City Attorney _City Public Works _City Planner _Parks Department Economic Dev. Your Concise Remarks: _Meridian School District _Meridian Post Office _Ada County Highway District _Ada County Development Services _ Central District Health _COMPASS _Nampa Meridian Irrig. District _Settlers Irrig. District —Idaho Power Company _ Qwest _ Intermountain Gas Co. _ Idaho Transportation Dept. _Ada County Ass. Land Records Downtown Projects: _Meridian Development Corp. _Historical Preservation Comm. South of RR / SW Meridian: _NW Pipeline _ New York Irrigation District _ Boise-Kuna Irrigation District Boise Project Board of Control/Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 * Fax 208-888-4218 • www.meridiancity.org �E IDIAN ECEIVE JAN 2 Q 2015 BV; Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name: �Aik 1Q-Iy1 hA` )31 $110-h nF Filenumber(s): CUP -16X00 ( i ALT -15 -Ma Assigned Planner: so 011 k W (}'T�S Related files: A2 --o I-ol I � C -u P-oi - o2 -,V Type of Review Requested (check all that ❑ Accessory Use ❑ Administrative Design Review 69 Alternative Compliance ❑ Annexation and Zoning ❑ Certificate of Zoning Compliance ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ® Conditional Use Permit ❑ Conditional Use Modification Director/Commission (circle one) ❑ Development Agreement Modification ❑ Final Plat ❑ Final Plat Modification LI Planned Unit Development ❑ Preliminary Plat ❑ Private Street ❑ Property Boundary Adjustment ❑ Rezone ❑ Short Plat ❑ Time Extension: Director/ Commission/Council (circle one) ❑ UDC Text Amendment ❑ Vacation: Director/ Council (circle one) ❑ Variance ❑ Other Applicant Information Applicant name: Osborne Enterprises Phone: 208.336.9606 Applicant address: 13965 W. Chinden Blvd., Suite 300 City: Boise Email: cjc@bitterrootholdings.com State: ID Zip: 83713 Applicant's interest in property: O Own ❑ Rent ❑ Optioned ❑ Other Owner name: Same as above Owner address: City: Email: Phone: State: Zip: Agent/Contact name (e.g., architect, engineer, developer, representative): Tamara Thompson Firm name: The Land Group, Inc. Phone: 208.939.4041 Owner address: 462 E. Shore Dr., Suite 100 City: Eagle Primary contact is: ❑ Applicant ❑ Owner ❑ Agent/Contact Email: tamara@thelandgroupinc.com State: ID Zip: 83616 Subject Property Information Location/street address: 1975 E. Franklin Rd. Township, range, section: 3N 1 E 17 Assessor's parcel number(s): S1117223113, S1117223053 Total acreage: 9.831 Zoning district: C -G Community Development ■ Planning Division m 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 �vNNiv.meridiancitv.oreiolanning -I- (Rev. 0611212014) Project/subdivision name: Franklin Mini Storage General description of proposed project/request: Self-service Storage Facility Proposed zoning district(s): Same C -G Acres of each zone proposed: 9.731 Type of use proposed (check all that apply): ❑ Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Owner Which irrigation district does this property lie within Nampa -Meridian Irrigation District Primary irrigation source: Nampa -Meridian Irrigation District Secondary: City of Meridian Square footage of landscaped areas to be irrigated(if rima ryor secondary ry point is City water): i384 ,88/2 25117 Residential Project Summary (if applicable) Number of residential units: N/A Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): 4 or more bedrooms: Maximum building height: _ Average property size (s.f.): Gross density (Per UDC 1 I -1 A-1): Net density (Per UDC I 1-I A-1): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC I 1 -3G -3B): Amenities provided with this development (if applicable): _ Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Duplex ❑ Multi -family ❑ Vertically Integrated Non-residential Project Summary (if applicable) ❑ Single-family Attached ❑ Townhouse ❑ Other Number of building lots: 2 Common lots: 0 Other lots: 0 Gross floor area proposed: 78345 Existing (if applicable): N/A Hours of operation (days and hours): 7 days/week & 24 hours/day Building height: various, see attached Total number of parking spaces provided: 25 Number of compact spaces provided: 0 Authorization Print applicant Applicant sign; Date: 01.23.2015 Community Development ■ Planning Division n 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridianciw.ore/plannine -2- (Rev. 9611212014) THE LAND GROUP, INC. January 28, 2015 City of Meridian Planning and Zoning Department 310 E State Street Eagle, Idaho 83616 Re: Franklin Storage- Conditional Use Permit Application Dear Staff, and Planning and Zoning Commission, The Franklin Storage site is located on the south side of Franklin Road, between Locust Grove and Weatherby Drive at 1975 E Franklin Road. The project site consists of 2 existing parcels of land: Parcels 51117223053 0.831 acres 51117223113 8.900 acres Total Project Area 9.731 acres Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com The current zoning for these parcels is C -G. There are a variety of zoning designations surrounding these parcels. The following illustrates these surrounding zones: Current Zoning North Side- City of Meridian C -G South Side- City of Meridian R-4 East Side- Ada County R1 West Side- Ada County RUT Ada County R1 City of Meridian R-15 The annexation and zoning of the property was approved under application AZ -01-011. The associated development agreement (Instrument number 102056127) specifically allows "construction and development of a mini -storage facility" per section 4.4.2. A CUP for a self - storage use was submitted in 2001. The plan associated with this application includes a different building and office layout. i Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering - Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 - www.thelandgroupinc.com The vision for this project is the implementation of a self -storage facility comprised of the following: Phase Storage Area (ft2) Office Area 1 77,545 ft2 600 ft2 2 59,968 ft2 0 ft2 To accomplish this, we are requesting the following approvals: • Conditional Use Permit (Self -Storage in a C -G Zone) • Alternative Compliance (Parking) • Boundary line adjustment (Staff level application to be submitted following approval of Conditional Use) Franklin Storage is requesting your consideration for the Conditional Use application, as required under the C -G zoning designation. The specific use standards found in Meridian City UDC Section 11-4-3-34 "Storage Facility, Self Service" will be followed. The site will be accessed via one existing vehicle access from Franklin Road and the storage yard accessed via a controlled entry gate. The proposed interior circulation provides for the movement of traffic associated with the storage while maintaining a secure site. Entry signs for the project are anticipated; however, all signs associated with the project shall be submitted and approved under a separate design review application. The project will be serviced with municipal sewer. The main office and a proposed RV Dump facility shall be connected to sanitary sewer in Franklin Road. Water service for domestic and fire -protection will be provided by municipal water via a connection to the existing main located within Franklin Road. A water main shall be routed through the site, as required to accommodate hydrant locations. A pump system and pressurized irrigation system shall serve as the main irrigation water source for the project. All storm water will be retained on site. Site geotechnical investigations are ongoing and the results of these studies will govern the available options for storm drainage disposal. It is anticipated that a combination of bio -retention swales and underground seepage beds shall be utilized. The site has been designed to accommodate the required setbacks and landscaping associated with a self -storage facility. We are requesting a method of alternative compliance for on-site parking. Franklin Storage is requesting approval of up to 78,145 square feet of gross floor area in Phase 1 and up to an additional 59,968 square feet of gross floor area in Phase 2. As stated in the Uniform Development Code section 11-3C-6, one parking stall per 500 square feet of gross floor area is required. If applied, this would require 156 stalls for Phase 1 and 120 stalls for Phase 2. We respectfully request that parking requirements be based on square footage of office space. This would require a minimum of two stalls, while our site plan includes a total parking count of 19. This number of stalls will be more than adequate to accommodate both employees and visitors. Ar Site Planning - Landscape Architecture • Civil Engineering - Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com During the Neighborhood Meeting on November 17, 2014 some of the neighboring homeowners expressed concern about the proposed use, despite the designated commercial zoning. Concerns included: screening along the eastern boundary and effects on existing views. These concerns have been addressed through the use of topography, architectural design and landscaping. We are confident that this high quality self -storage facility will be an asset to the City of Meridian, providing a quality development plan that is in step with the City's land use map and zoning designations. The use is of a lower intensity than others allowed within the C -G zone due to infrequent use patterns that are typical of storage facility clientele. We respectfully request your thoughtful consideration, support and acceptance of our applications. Sincerely, <7jo�xu Doug Russell, ASLA Owner Representative 01 Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com EXHIBIT "A" PROPERTY DESCRIPTION Parcel 1 A parcel of land located in the E1/2, E1/2, Northwest 1/4, Section 17, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the Northwest corner Section 17, Township 3 North, Range 1 East, Boise Meridian, Idaho; thence N 89°32'15" E along the north line of Northwest 114 Section 17, 1323.04 feet to the North 1/4 corner to said Section 17 thence S 00002'52" E 40.00 feet to a point on the south right of way of Franklin Road, said point being the Northwest corner of Greenhill Estates Subdivision, on record at the Ada County Recorders Office in Book 35 of Plats, at Page 3000; thence S 89°32'15" W along said south right of way of Franklin Road 164.50 feet to the REAL POINT OF BEGINNING of this description; thence S 89032'15" W along said south right of way 166.27 feet to a point on the E1/2 E1/2 Northwest 114 said Section 17; thence S 00°02'16" E along the west line of said E1/2 E1/2 Northwest 1/4 225.00 feet to a point; thence N 89057'08" E 166.30 feet to a point; thence N 00002'52" W 226.20 feet to the POINT OF BEGINNING of this description. Except the following two parcels A parcel located in the NW 1/4 of the NW 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as disclosed in Warranty Deed to Ada County Highway District, recorded February 24, 2004 as Instrument No. 104020375, more particularly described as follows: Commencing at a brass cap monument marking the northwesterly corner of said NW 1/4 of the NW 1/4 from which a brass cap monument marking the northeasterly corner of the NW 1/4 of said Section 17 bears S 89056'51" E a distance of 2645.89 feet; thence S 89056'51" E along the northerly boundary of said NW 114 of the NW 1/4 a distance of 992.19 feet to a point; thence leaving said northerly boundary S 002828" W a distance of 40.00 feet to the POINT OF BEGINNING; thence continuing S 0028'28" W a distance of 8.00 feet to a point; thence S 89056'51" E a distance of 130,78 feet to a point; thence N 002745" E a distance of 8.00 feet to a point; thence N 89°56'51" W a distance of 130.76 feet to the POINT OF BEGINNING. AND A parcel located in the NW 1/4 of the NW 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as disclosed in Warranty Deed to Ada County Highway District, recorded February 24, 2004 as Instrument No. 104020376 more particularly described as follows: Commencing at a brass cap monument marking the northwesterly corner of said NW 1/4 of the NW 114 from which a brass cap monument marking the northeasterly corner of the NW 1/4 of said Section 17 bears EXHIBIT "A" PROPERTY DESCRIPTION (Continued) S 89056'51"E a distance of 2645.89 feet; thence S 89°56'51" E along the northerly boundary of said NW 1/4 of the NW 1/4 a distance of 1122.66 feet to a point; thence leaving said northerly boundary S 000309" W a distance of 40.00 feet to the POINT OF BEGINNING; thence S 0027'45" W a distance of 8.00 feet to a point; thence S 89056'51" E a distance of 200.00 feet to a point on the easterly boundary of said NW 1/4 of the NW 1/4; thence N 0°2745" E along said easterly boundary a distance of 8.00 feet to a point; thence leaving said easterly boundary N 89056'51" W a distance of 200.00 feet to the POINT OF BEGINNING. Parcel 2 A parcel of land located in the E112, E112, Northwest 114, Section 17, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the Northwest corner Section 17, Township 3 North, Range 1 East, Boise Meridian, Idaho; thence N 8903215" E along the north line of Northwest 114 Section 17, 1323.04 feet to the North 114 corner to said Section 17 thence S 00002'52" E 40.00 feet to a point on the south right of way of Franklin Road, said point being the Northwest corner of Greenhill Estates Subdivision, on record at the Ada County Recorders Office in Book 35 of Plats, at Page 3000, the REAL POINT OF BEGINNING of this description; thence S 89°32'15" W along said south right of way of Franklin Road 164.50 feet to a point; thence S 00°02'52" E 226.20 feet to a point; thence S 89057'08" W 166.30 feet to a point on the E1/2 E1/2 Northwest 1/4 said Section 17; thence S 00°02'16" E along the west line of said E1/2 E1/2 Northwest 1/41064.18 feet to a point on the north line of Snorting Bull Subdivision, on record at the Ada County Recorders Office in Book 81 of Plats, at Pages 8764 through 8772; thence N 89030'50" E along said north line 330.99 feet to the Southwest corner of said Greenhill Estates Subdivision; thence N 00002'52" W along the west line of said Greenhill Estates Subdivision 1289.05 feet to the POINT OF BEGINNING of this description. Except the Following Parcel: A parcel located in the NW 1/4 of the NW 1/4, of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as disclosed in Warranty Deed to Ada County Highway District, recorded February 24, 2004 as Instrument No. 104020376 more particularly described as follows: Commencing at a brass cap monument marking the northwesterly comer of said NW 1/4 of the NW 114 from which a brass cap monument marking the northeasterly corner of the NW Y, of said Section 17 bears S 89°56'51" E a distance of 2645.89 feet; thence EXHIBIT "A" PROPERTY DESCRIPTION (Continued) S 89°56'51" E along the northerly boundary of said NW 1/4 of the NW 1/4 a distance of 1122.66 feet to a point; thence leaving said northerly boundary S 0°03'09" W a distance of 40.00 feet to the POINT OF BEGINNING; thence S 002745" W a distance of 8.00 feet to a point; thence S 89°56'51" E a distance of 200.00 feet to a point on the easterly boundary of said NW 1/4 of the NW 1/4; thence N 0°27'45" E along said easterly boundary a distance of 8.00 feet to a point; thence Leaving said easterly boundary N 89056'51" W a distance of 200.00 feet to the POINT OF BEGINNING. (EM d Exibil "A") Exhibh'A" Property Desaipbon (A0874693. PFD/AO87469317) ELECTRONICALLY RECORDED - DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS PART OF THE ORIGINAL DOCUMENT. 524572/JB/DB GENERAL WARRANTY DEED FOR VALUE RECEIVED, GO FOR IT, LLC, an Idaho limited liability company ("Grantor"), does hereby grant, bargain, sell and convey unto KEYLOCK STORAGE MIDDLETON ROAD LLC, an Idaho limited liability company, whose address is 13965 W. Chinden Blvd., Ste. 206, Boise, Idaho 83713 ("Grantee"), the following described premises, to -wit: SEE EXHIBIT "A" ATTACHED HERETO. TO HAVE AND TO HOLD the said premises, with their appurtenances, including, without limitation, all easement rights, mineral rights, water and water rights appurtenant to or used on the property including, but not limited to, any right Grantor may have to receive natural flow and/or stored water delivered through any ditch, canal or water company's facilities, or under entitlements held by a third party for use on the property, and all shares, certificates, and other documents evidencing such water rights, unto the said Grantee, its successors, heirs and assigns forever. And the Grantor does hereby covenant to and with the said Grantee, that it is the owner in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered, or done by the Grantee; and subject to reservations, restrictions, dedications, easements, taxes and rights-of-way identified and excepted on Exhibit B attached hereto, and those certain self-service storage rental agreements in effect as of the date hereof, and general taxes and assessments for the current year 2013, and general taxes for the years 2010, 2011 and 2012, which affect the easement portion of said premises and other lands, and that it will warrant and defend the same from all lawful claims whatsoever. GRANTOR: 2013-014053 RECORDED 04/02/2013 08:15 AM CHRIS YAMAMOTO CANYON COUNTY RECORDER P9a=4 JCRANE $19.00 TYPE: DEED PIONEER TITLE CANYON - CALD WELL ELECTRONICALLYRECORDED General Warranty Deed - i GO FOR IT, LLC an Idaho limited liability corn any B 4 Y D. Hun4/- Rfissell, its Member STATE OF IDAHO, ) ) ss. County of Ada. �1 r/ (i1. On this / day of V—Jho 2013 before me, the undersigned notary public in and for said State, personally appeared Russell D. Hunemiller, known or identified to me to be the Member of Go For It, LLC, an Idaho limited liability company, the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. e°„ectnq„s""" No 1 - Public for Idaho °1E�1L� °ALo R ding at:Idaho _ , rtoTA r s. Commission expires37 a d i7 � SUB LIC @e. %aQT�• "O "•"._ OF SDP...*, General Warranty Deed - 2 EXHIBIT "A" A parcel of land located in the Northwest Quarter of Section 5, Township 3 North, Range 2 West, Boise Meridian, Canyon County, Idaho, more particularly described as follows: COMMENCING at the Northwest comer of Section 5, Township 3 North, Range 2 West, Boise - Meridian, Canyon County, Idaho; thence South 0007'00" East along the West line of said Northeast Quarter of said section 5, 1039.16 feet to the REAL POINT OF BEGINNING; thence North 89°5344" East 784.78 feet to a point on the West line of Monarch Subdivision No. l; thence South 00011'39" East along said West line 615.00 feet to a point; thence leaving said West line South 89°53'44" West 785.62 feet to a point on the West line of said Northwest Quarter; thence along said West line North 00007'00" West 615.00 feel to the REAL POINT OF BEGINNING. TOGETHER WITH an easement for access purposes over and across the following described parcel: A parcel of land located in the Northwest Quarter of Section 5, Township 3 North, Range 2 West, Boise Meridian, Canyon County, Idaho, more particularly described as follows: COMMENCING at the Northwest comer of Section 5, Township 3 North, range 2 West, Boise -Meridian, Canyon County, Idaho; thence South 0007'00" East along the West line of said Northeast Quarter of said section 5, 1039.16 feet to the REAL POINT OP BEGEQNMG; thence North 89053'44" East 784.78 feet to a point on the West line of Monarch Subdivision No. 1; thence North 00011139" West along said West line 30.00 feet to a point; thence leaving said West line South 89°53'44" West 784.78 feet more or less to a point on the West line of said Northwest Quarter; thence along said West line South 00°07'00" East 30.00 feet to the REAL POINT OF BEGINNING. General Warranty Deed - 3 EXHIBIT "B" 1. Sewer charges and special assessments, if any, for the City of Caldwell. 2. Liens and assessments of the following district and the rights and powers thereof as provided by law. District: Pioneer Irrigation District 3. Rights and claims in and to those portions of said premises lying within the right of ways of ditches, canals, laterals, and roads including but not limited to Middleton Road along the West boundary. 4. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: Avigation and Noise In Favor of: City of Caldwell Recorded: July 8, 2008 Instrument No.: 2008036892 General Warranty Deed - 4 DO RECORDATION REQUESTED BY: ZIONS FIRST NATIONAL BANK BOISEI9TH & MAIN OFFICE 890 MAIN STREET BOISE, ID 83702 WHEN RECORDED MAIL TO: Zlons First National Bank Loan Servicing Group - UT RDWG 0187 2460 South 3270 West West Valley City, UT 84119 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 39,00 13� BOISE IDAHO 01128108 12:29 PM DEPUTY Pate Thompson III I'IIIIIIIIIIII'IIIIIIII'II�'ll I'll RECORDED—REQUEST OF 108049643 -TrenanatiomTitle ane Ao9-7q 10 13 T1 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY 000000000000009001034004252008' DEED OF TRUST THIS DEED OF TRUST is dated April 25, 2008, among OSBORNE ENTERPRISES, LLC, AN IDAHO LIMITED LIABILITY COMPANY ("Grantor"); ZIONS FIRST NATIONAL BANK, whose address is BOISE19TH 8 MAIN OFFICE, 890 MAIN STREET, BOISE, ID 83702 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and TITLEONE CORPORATION, whose address is 1101 WEST RIVER STREET, SUITE 201, BOISE, ID 83702 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby Irrevocably grant, bargain, sell and convey In trust, with power of sale, to Trustee for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In ADA County, State of Idaho: See EXHIBIT "A", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as 1975 EAST FRANKLIN ROAD, MERIDIAN, ID 83642 The Real Property tax identification number is S1117223053, S1117223113. CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation parry or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency" law. or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lenders commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Borrower and Grantor shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Grantor shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. DEED OF TRUST Loan No: 9001 (Continued) page 2 POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrowers and Grantors possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Properly. THE REAL PROPERTY EITHER IS NOT MORE THAN FORTY (40) ACRES IN AREA OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantors expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lenders purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantors due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lenders acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor -will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lenders prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lenders Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Property at all reasonable times to attend to Lenders interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lenders sole opinion, Lenders interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lenders interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lenders option. declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lenders prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limitqd liability company, transfer also Includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender If such exercise is prohibited by federal law or by Idaho law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust. except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lenders interest In the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surely bond or other security DEED OF TRUST Loan No: 9001 (Continued) Page 3 satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the lazes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form,. amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance In form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special good hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lenders election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair. Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, If any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantors interests may appear. Grantors Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lenders interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantors failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, (lens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy: or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrents that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Dead of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above. Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantors title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantors expense, Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lenders own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall DEED OF TRUST Loan No: 9001 (Continued) Page 4 survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Borrowers Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees Incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Dead of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax. on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Dead of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the lax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest In the Rents and Personal Property. In addition to recording this Deed of Trust In the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred In perfecting or continuing this security Interest. Upon default. Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured parry) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lenders designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrowers and Grantors obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary In writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -In -Fact If Grantor fails to do any of the things referred to in the preceding paragraph. Lender may do so for and in the name of Grantor and at Grantors expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantors attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lenders sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all the obligations Imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lenders security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lenders option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Borrower falls to make any payment when due under the Indebtedness. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. DEED OF TRUST Loan No: 9001 (Continued) Page 5 Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default In Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Borrower's or any Grantors ability to repay the Indebtedness or perforin their respective obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrowers or Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution of Grantors (regardless of whether election to continue is made), any member withdraws from the limited liability company, or any other termination of Borrower's or Grantors existence as a going business or the death of any member, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantors property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help. repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrowers or Grantors accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in Its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement conceming any Indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later, Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Borrowers or Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender In good faith believes Itself insecure. Right to Cure. If any default, other than a default in payment Is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured If Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days: or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Notice of Default. In the Event of Default Lender shall execute or cause the Trustee to execute a written notice of such default and of Lender's election to cause the Property to be sold to satisfy the Indebtedness, and shall cause such notice to be recorded in the office of the recorder of each county wherein the Real Property, or any part thereof, is situated. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, atter Grantors failure to perform, shall not affect Lenders right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Borrower would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lenders costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantors attomey-in-fact to endorse Instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lenders demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property DEED OF TRUST Loan No: 9001 (Continued) Page 6 exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property Is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand offender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Properly. Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waives any and all rights to have the Property marshalled. In exercising Its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of sale having been given as then required by law, and not less than the time required by law having elapsed. Trustee, without demand on Grantor, shall sell the property at the time and place fixed by it in the notice of sale at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee shall deliver to the purchaser his or her deed conveying the Property so sold, but without any covenant or warranty express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness of such matters or facts. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable attorneys' fees, including those in connection with the sale. Trustee shall apply proceeds of sale to payment of (a) all sums expended under this Deed of Trust, not then repaid with interest thereon as provided in this Deed of Trust; (b) all Indebtedness secured hereby; and (c) the remainder, if any, to the person or persons legally entitled thereto. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust. Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action Is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lenders opinion are necessary at any time for the protection of Its Interest or the enforcement of its rights shall.become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lenders legal expenses whether or not there is a lawsuit, including reasonable attorneys fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE The following provisions relating to the powers and obligations of Trustee are part or this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join In granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding Is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure. In either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lenders option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of ADA County, State of Idaho. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantors current address. Unless otherwise provided or required by law, if there is more than one Grantor. any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or boundby the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantors residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as DEED OF TRUST Loan No: 9001 (Continued) Page 7 Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Arbitration Disclosures. 1. ARBITRATION IS FINAL AND BINDING ON THE PARTIES AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. 2. IN ARBITRATION THE PARTIES ARE WAIVING THEIR RIGHT TO LITIGATE IN COURT, INCLUDING THEIR RIGHT TO A JURY TRIAL. 3. DISCOVERY IN ARBITRATION IS MORE LIMITED THAN DISCOVERY IN COURT. 4. ARBITRATORS ARE NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING IN THEIR AWARDS. THE RIGHT TC APPEAL OR SEEK MODIFICATION OF ARBITRATORS' RULINGS IS VERY LIMITED. 5. A PANEL OF ARBITRATORS MIGHT INCLUDE AN ARBITRATOR WHO IS OR WAS AFFILIATED WITH THE BANKING INDUSTRY. 6. ARBITRATION WILL APPLY TO ALL DISPUTES BETWEEN THE PARTIES, NOT JUST THOSE CONCERNING THE AGREEMENT. 7. IF YOU HAVE QUESTIONS ABOUT ARBITRATION, CONSULT YOUR ATTORNEY OR THE AMERICAN ARBITRATION ASSOCIATION. (a) Any claim or controversy ("Dispute") between or among the parties and their employees, agents, affiliates, and assigns, including, but not limited to, Disputes arising out of or relating to this agreement, this arbitration provision ("arbitration clause"), or any related agreements or Instruments relating hereto or delivered in connection herewith ("Related Agreements"), and including, but not limited to, a Dispute based on or arising from an alleged tort, shall at the request of any party be resolved by binding arbitration in accordance with the applicable arbitration rules of the American Arbitration Association (the "Administrator"). The provisions of this arbitration clause shall survive any termination, amendment, or expiration of this agreement or Related Agreements. The provisions of this arbitration clause shall supersede any prior arbitration agreement between or among the parties. (b) The arbitration proceedings shall be conducted in a city mutually agreed by the parties. Absent such an agreement, arbitration will be conducted in Boise. Idaho or such other place as may be determined by the Administrator. The Administrator and the arbitrator(s) shall have the authority to the extent practicable to take any action to require the arbitration proceeding to be completed and the arbitrator(sy award issued within 150 days of the filing of the Dispute with the Administrator. The arbitrator(s) shall have the authority to impose sanctions on any party that fails to comply with time periods imposed by the Administrator or the arbitrator(s), including the sanction of summarily dismissing any Dispute or defense with prejudice. The arbitrator(s) shall have the authority to resolve any Dispute regarding the terms of this agreement, this arbitration clause, or Related Agreements, including any claim or controversy regarding the arbitrability of any Dispute. All limitations periods applicable to any Dispute or defense, whether by statute or agreement, shall apply to any arbitration proceeding hereunder and the arbitrator(s) shall have the authority to decide whether any Dispute or defense is barred by a limitations period and, if so, to summarily enter an award dismissing any Dispute or defense on that basis. The doctrines of compulsory counterclaim, res judicata, and collateral estoppel shall apply to any arbitration proceeding hereunder so that a party must state as a counterclaim in the arbitration proceeding any claim or controversy which arises out of the transaction or occurrence that is the subject matter of the Dispute. The arbitrator(s) may In the arbitrator(s)' discretion and at the request of any party: (1) consolidate in a single arbitration proceeding any other claim arising out of the same transaction involving another party to that transaction that is bound by an arbitration clause with Lender, such as borrowers, guarantors, sureties, and owners of collateral; and (2) consolidate or administer multiple arbitration claims or controversies as a class action in accordance with Rule 23 of the Federal Rules of Civil Procedure. (c) The arbitrator(s) shall be selected in accordance with the rules of the Administrator from panels maintained by the Administrator. A single arbitrator shall have expertise in the subject matter of the Dispute. Where three arbitrators conduct an arbitration proceeding, the Dispute shall be decided by a majority vote of the three arbitrators, at least one of whom must have expertise in the subject matter of the Dispute and at least one of whom must be a practicing attorney. The arbitrator(s) shall award to the prevailing party recovery of all costs and tees (including attorneys fees and costs, arbitration administration fees and costs, and arbitrator(s)' fees). The arbitrator(s), either during the pendency of the arbitration proceeding or as part of the arbitration award, also may grant provisional or ancillary remedies including but not limited to an award of injunctive relief, foreclosure, sequestration, attachment, replevin, garnishment, or the appointment of a receiver. (d) Judgement upon an arbitration award may be entered in any court having jurisdiction, subject to the following limitation: the arbitration award is binding upon the parties only if the amount does not exceed Four Million Dollars ($4,000,000.00): if the award exceeds that limit, either party may demand the right to a court trial. Such a demand must be glad with the Administrator within thirty (30) days following the date of the arbitration award; if such a demand is not made with that time period, the amount of the arbitration award shall be binding. The computation of the total amount of an arbitration award shall include amounts awarded for attorneys' fees and costs, arbitration administration fees and costs, and arbitrator(s)' fees. (e) No provision of this arbitration clause, nor the exercise of any rights hereunder, shall limit the right of any parry to: (1) judicially or non -judicially foreclose against any real or personal property collateral or other security; (2) exercise self-help remedies, including but not limited to repossession and setoff rights: or (3) obtain from a court having jurisdiction thereover any provisional or ancillary remedies Including but not limited to Injunctive relief, foreclosure, sequestration, attachment, replevin, garnishment, or the appointment of a receiver. Such rights can be exercised at any time, before or ager initiation of an arbitration proceeding, except to the extent such action is contrary to the arbitration award. The exercise of such rights shall not constitute a waiver of the right to submit any Dispute to arbitration, and any claim or controversy related to the exercise of such rights shall be a Dispute to be resolved under the provisions of this arbitration clause. Any party may initiate arbitration with the Administrator. If any parry desires to arbitrate a Dispute asserted against such party in a complaint, counterclaim, cross-claim, or third -parry complaint thereto, or in an answer or other reply to any such pleading, such party must make an appropriate motion to the trial court seeking to compel arbitration, which motion must be filed with the court within 45 days of service of the pleading, or amendment thereto, setting forth such Dispute. If arbitration is compelled ager commencement of litigation of a Dispute, the party obtaining an order compelling arbitration shall commence arbitration and pay the Administrator's filing fees and costs within 45 days of entry of such order. Failure to do so shall constitute an agreement to proceed with litigation and waiver of the right to arbitrate. In any arbitration commenced by a consumer regarding a consumer Dispute, Lender shall pay one half of the Administrator's filing fee, up to $250. _ (i) Notwithstanding the applicability of any other law to this agreement, the arbitration clause, or Related Agreements between or among the parties, the Federal Arbitration Act. 9 U.S.C. Section 1 at seq., shall apply to the construction and interpretation of this arbitration clause. If any provision of this arbitration clause should be determined to be unenforceable, all other provisions of this arbitration clause shall remain in full force and effect. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the Interest or estate created by this Deed of Trust with any other interest or estate in the Property at DEED OF TRUST Loan No: 9001 (Continued) any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Page 8 Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Idaho without regard to Its conflicts of law provisions. This Deed of Trust has been accepted by Lender In the State of Idaho. Choice of Venue. If there is a lawsuit. Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of ADA County, State of Idaho. Joint and Several Liability. All obligations of Borrower and Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Deed of Trust. Where any one or more of the parties is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lenders rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision Illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, 11 shall be considered deleted from this Dead of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantors interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantors successors with reference to this Dead of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust Waiver of Homestead Exemption. Grantor hereby releases and waives all fights and benefits of the homestead exemption laws of the Stale of Idaho as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means ZIONS FIRST NATIONAL BANK, and its successors and assigns. Borrower. The word "Borrower" means RONALD L. OSBORNE and includes all cosigners and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"). the Supedund Amendments and Reauthorization Act of 1986, Pub. L. No. 99499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1601, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor" means OSBORNE ENTERPRISES, LLC. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. DEED OF TRUST Loan No: 9001 (Continued) Page 9 Indebtedness. The word "Indebtedness" means and includes without limitation all Loans, together with all other obligations, debts and liabilities of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower, or any one or more of them; whether now or hereafter existing, voluntary or involuntary, due or not due, absolute or contingent, liquidated or unliquidated; whether Borrower may be liable individually or jointly with others; whether Borrower may be obligated as a guarantor, surety, or otherwise; whether recovery upon such indebtedness may be or hereafter may become barred by any statute of limitations; and whether such indebtedness may be or hereafter may become otherwise unenforceable. - Lender. The word "Lender' means ZIONS FIRST NATIONAL BANK, its successors and assigns. Note. The word "Note" means the promissory note dated April 25, 2008, In the original principal amount of $1,100,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds. collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means TITLEONE CORPORATION, whose address is 1101 WEST RIVER STREET, SUITE 201. BOISE, ID 83702 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: OSBORNE ENTE PR17 LL By: { RO ALD L. OSBORNE, Member of 05BORNE ENTERPRISES, LLC (tI ,.� i� LIMITED LIABILITY COMPANY A _OWLEG DM._ fjLT„_ STATE OF 1 (/'r `-`� ) LOPRINE FEGGO NOTARY PUBLIC k � SS STATE OF IDAHO COUNTY OF On this day of Apv-t L , in the year 20 0 , before me Lon, lsl?_ , a notary public in and for the State of Idaho, personally appeared RONALD L. OSBORNE, Member of OSBORNE ENTERPRISES, LLC, known or identified to me (or proved to me on the oath of ), to be one of the members or designated agents in the limited liability company of OSBORNE ENTERPRISES, LLC, and the member or designated agent or one of the members or designateg agents who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he or she a eculed the Vne in said limited liability company name. Residing at En;SD, Notary Public or= ��� �— My commission expires WT ' 7' DEED OF TRUST Loan No: 9001 (Continued) REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) To: , Trustee Page 10 The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: LASER PRO Lending, Ver. 5.39.00.108 Copr. Harland Financial Solutions, Inc. 1997, 2008. All Rights Reserved. - ID C:ICOMML%CFIILPL%G01.FC TR -82297 PR-ZSCL EXHIBIT "A" PROPERTY DESCRIPTION Parcel 1 A parcel of land located in the E1/2, E1/2, Northwest 1/4, Section 17, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the Northwest corner Section 17, Township 3 North, Range 1 East, Boise Meridian, Idaho; thence N 89°32'15" E along the north line of Northwest 1/4 Section 17, 1323.04 feet to the North 1/4 corner to said Section 17 thence S 00002'52" E 40.00 feet to a point on the south right of way of Franklin Road, said point being the Northwest corner of Greenhill Estates Subdivision, on record at the Ada County Recorders Office in Book 35 of Plats, at Page 3000; thence S 89°32'15" W along said south right of way of Franklin Road 164.50 feet to the REAL POINT OF BEGINNING of this description; thence S 89°32'15" W along said south right of way 166.27 feet to a point on the E1/2 E1/2 Northwest 1/4 said Section 17; thence S 00002'16" E along the west line of said E1/2 E1/2 Northwest 114 225.00 feet to a point; thence N 89057'08" E 166.30 feet to a point; thence N 00002'52" W 226.20 feet to the POINT OF BEGINNING of this description. Except the following two parcels A parcel located in the NW 114 of the NW 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as disclosed in Warranty Deed to Ada County Highway District, recorded February 24, 2004 as Instrument No. 104020375, more particularly described as follows: Commencing at a brass cap monument marking the northwesterly corner of said NW 1/4 of the NW 114 from which a brass cap monument marking the northeasterly corner of the NW 1/4 of said Section 17 bears S 89°56'51" E a distance of 2645.89 feet; thence S 89°56'51" E along the northerly boundary of said NW 114 of the NW 1/4 a distance of 992.19 feet to a point; thence leaving said northerly boundary S 0028'28" W a distance of 40.00 feet to the POINT OF BEGINNING; thence continuing S 0°28'28" W a distance of 8.00 feet to a point; thence S 89056'51" E a distance of 130.78 feet to a point; thence N 002745" E a distance of 8.00 feet to a point; thence N 89°56'51" W a distance of 130.76 feet to the POINT OF BEGINNING. hR A parcel located in the NW 1/4 of the NW 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as disclosed in Warranty Deed to Ada County Highway District, recorded February 24, 2004 as Instrument No. 104020376 more particularly described as follows: Commencing at a brass cap monument marking the northwesterly corner of said NW 1/4 of the NW 114 from which a brass cap monument marking the northeasterly corner of the NW 1/4 of said Section 17 bears EXHIBIT "A" PROPERTY DESCRIPTION (Continued) S 89°56'51 "E a distance of 2645.89 feet; thence S 89056'51" E along the northerly boundary of said NW 114 of the NW 1/4 a distance of 1122.66 feet to a point; thence leaving said northerly boundary S 0003'09" W a distance of 40.00 feet to the POINT OF BEGINNING; thence S 0027'45" W a distance of 8.00 feet to a point; thence S 89056'51" E a distance of 200.00 feet to a point on the easterly boundary of said NW 1/4 of the NW 1/4; thence N 0027'45" E along said easterly boundary a distance of 8.00 feet to a point; thence leaving said easterly boundary N 89°56'51" W a distance of 200.00 feet to the POINT OF BEGINNING. Parcel 2 A parcel of land located in the E112, E1/2, Northwest 114, Section 17, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the Northwest corner Section 17, Township 3 North, Range 1 East, Boise Meridian, Idaho; thence N 89032'15" E along the north line of Northwest 1/4 Section 17, 1323.04 feet to the North 1/4 corner to said Section 17 thence S 00002'52" E 40.00 feet to a point on the south right of way of Franklin Road, said point being the Northwest corner of Greenhill Estates Subdivision, on record at the Ada County Recorders Office in Book 35 of Plats, at Page 3000, the REAL POINT OF BEGINNING of this description; thence S 89°32'15" W along said south right of way of Franklin Road 164.50 feet to a point; thence S 00002'52" E 226.20 feet to a point; thence S 89057'08" W 166.30 feet to a point on the E1/2 E1/2 Northwest 1/4 said Section 17; thence S 00°02'16" E along the west line of said E1/2 E1/2 Northwest 1/41064.18 feet to a point on the north line of Snorting Bull Subdivision, on record at the Ada County Recorders Office in Book 81 of Plats, at Pages 8764 through 8772; thence N 89°30'50" E along said north line 330.99 feet to the Southwest corner of said Greenhill Estates Subdivision; thence N 00"02'52" W along the west line of said Greenhill Estates Subdivision 1289.05 feet to the POINT OF BEGINNING of this description. Except the Following Parcel: A parcel located in the NW 1/4 of the NW 1/4, of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as disclosed in Warranty Deed to Ada County Highway District, recorded February 24, 2004 as Instrument No. 104020376 more particularly described as follows: Commencing at a brass cap monument marking the northwesterly corner of said NW 1/4 of the NW 114 from which a brass cap monument marking the northeasterly corner of the NW Y of said Section 17 bears S 89°56'51" E a distance of 2645.89 feet; thence EXHIBIT "A" PROPERTY DESCRIPTION (Continued) S 89°56'51" E along the northerly boundary of said NW 1/4 of the NW 1/4 a distance of 1122.66 feet to a point; thence leaving said northerly boundary S 0°03'09" W a distance of 40.00 feet to the POINT OF BEGINNING; thence S 0°27'45" W a distance of 8.00 feet to a point; thence S 89°56'51" E a distance of 200.00 feet to a point on the easterly boundary of said NW 1/4 of the NW 1/4; thence N 0°27'45" E along said easterly boundary a distance of 8.00 feet to a point; thence Leaving said easterly boundary N 89056'51" W a distance of 200.00 feet to the POINT OF BEGINNING. (End of Exibil "A") EKhibb'A' Property Description (A0874693. PF D/AO874693f7) AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, l2i�A � mac RG% , Au lkw-L (Lk (name) (address) ME2cc�,µ► mac. (city) (state) being fust duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: The Land Group, Inc 462 E. Shore Drive, Ste 100, Eagle, ID 83616 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this _ ' day of N3 dJt+N WK- 120 tN ---Trl,� (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. RAUNA =Idaho Notary State o �_ o�tary Public for Idaho Residing at: j'3:29' G9' + My Commission Expires: l t7 p� Community Development . Planning Division ■ 33 E. Broadway Avenue, Ste, 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.or¢/olannin¢ From: Mindy Wallace To: Tamara Thomson, Christy Little Subject: RE: Franklin Storage Date: Wednesday, November 12, 2014 2:57:32 PM Tamara, A traffic impact study is not required for this application. Please let me know if you have any questions. Mindy Mindy Wallace, AICP Planner III Ada County Highway District (208)387-6178 "We drive quality transportation for all Ada County -- Anytime... Anywhere!" From: Tamara Thompson[mailto:tamara@thelandgroupinc.com] Sent: Wednesday, November 12, 2014 2:51 PM To: Christy Little; Mindy Wallace Subject: FW: Franklin Storage Please confirm whether a traffic study is needed or not for the attached 4.5 acre (expandable to 10 acre) self -storage project. (I apologize if you've already responded —we've had email issues) Thanks, Tamara From: Tamara Thompson Sent: Wednesday, November 5, 20141:21 PM To: 'Christy Little'; 'Mindy Wallace' Subject: Franklin Storage Ladies, please confirm whether a traffic study is needed or not. The address is 1975 E. Franklin Road, it is a vacant house with fields and a horse pasture. The property is approximately 10 acres, the development will be on the front (north) 4.5 acres, potentially expanded to the entire 10 acres. First Phase includes 436 units. Thank you. Tamara Thompson I Director of Client Services ...'v The Land Group, Inc. I p 208.939.4941 1 e tamaraColthelandaroupinc.com I web I facebook N M r 'O `o C E ti d — E � y'yc' y E Qa r n N ryN .i� d N y N JJ w z z N C O E u c o UCUK{{ O QY QO .. 1 V 2 9. � f`UN6z` ` ``` fq a 3 au YOwW NE l k `` ` % l \ `` l l ` ❑ .� ❑ V S Weatherby Ur y °o ?' c c wr- IN �� y ,, as Poomuao4l S l 3 EE rn= 2U w 26 N Nola Rd a� � V E E z 1 a i W •�C NOK O. Y Nw w EN NW Y w O.0 m IR w dOO LL- U mo x a�a V W Tfn d G�= ?Ow a NCN NON n� N N C.� w EN l Ho m o CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES ProjecUSubdivision Name: q;rx,,nK-1rn M, -h -- 'r -hr C -111 Applicants)/Contact(s): 71rna,ra "Thsr,,gfAn -Date:_L3-167/ a .uri-ell' e3- CAEc OAe c%/n/-1- City Stalf: _'f62 4 V1 -K+1 re 1'e+'rc dina.e rtr b N -h Location: IqI5 G- FianKl,h /e -A, s1117z2,3 r3Js1r17z23a53 SizeofProperty: R-73 Comprehensive Plan FLUM Designation: (rr meru'6J Design Guidelines Development Context: ❑ Urban ❑ Urban/Suburban ❑ Suburban ❑ Rural Existing Use: _ SSR Existing Zoning: L G Proposed Use: Proposed Zoning: Surrounding Uses: .Sr-< Street Buffer(s) and/or Land Use Buffer(s): 25' bLt r req- e l+sy Ften)c-/ r Z5 bu r rpm rrr den -ha/ Open Space/Amenities/Pathways: plan s-hmur r+1ss+-hc+ Swc Sj-4� alvr t ; nom; to 6- Access/Stub Streets/Street System: nor -)6 s W Sewer & Water Service: - Waterways/Floodplain/Topography/Hazards: d prh-M n +Kf sik +s ern , 1�d�1�� averla of+'s�v cy History: A2.-of-oli %D1}4'� 1o2-05(,12--7 - CUP-D/-OL���n}a� i KoS v X573 U Additional Meeting Notes: 1 w rovisi�ns iiPP_;s 1� p or rr J -I r„od: crfiot '1l err F a+L1+'l�/ aC D rGN 1 J oF� SDA5 al ,-eti .. .1 '.1.._: ..�.,,..... .�.,. �...-J.G .n"l,. ...n �.. .. c. r-_ n77-1) Note: A Traffic Impact Study (TIS) will be required by ACRD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy -Wallace at 387- 6178 or Christy Little at 387-5144 at ACHD forinfonnation in regard to a TIS, conditions, impact tees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Alternative Compliance ❑ Annexation ❑ City Council Review ❑ Comprehensive Plan Amendment- Map ❑ Comprehensive Plan Amendment -Text M Conditional Use Permit ❑ Conditional Use Permit Modificationrrransfer ❑ ❑ Development Agreement Modification ❑ ❑ Final Plat ❑ ❑ Final Plat Modification ❑ ❑ Planned Unit Development ❑ ❑ Preliminary Plat ❑ ❑ Private Street ❑ Rezone Short Plat Time Extension - Council UDC Text Amendment Vacation Variance Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC andlor Comp Plan may affect your submittal andlor application. This pre -application meeting shall be valid for four (4) months. �Je'_' 1-10 The Land Group, Inc. Neighborhood Meeting Attendance Record a.•�o =o�,•,�. Project: Franklin Storage Meeting Date, Time & Location: November 17, 2014 @ 5:30PM Meridian City Hall Print Name Address Phone/Email Signature 11wi-a-vea-'(1 wv,�s6 4-U2 E. S�J(pl(p IhGCovbi C. O—N(A*Vb ifl&�5 5,.,6 19 gal 13 �al�l1 �s. $61O—�ja�s1«l� g5zl s. Flo wa.Ft r� '7 S00"k 1r 1. vt ,1� 83 �` �jfyyi5lniliti[.i�ii J `!Li rn SIJ '[ow"se a +. LI z �d�n4 >a000b� > quo T. _ �V� �iJQiy Z5 13 E I�—� � �•... �w Vv4'f-� I z61 5 C �I Z��d S 115 5-�crnwadLr�� 3�-I-SL3� PN 114134 1 Of 1 COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. L;) IZZ:7-11 S Date Community Development. Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.ore/Maiming C�E IDAN Community Development Parcel Verification Date: 12/11/14 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Franklin Storage Parcel Numbers: 51117223113 (8.9 Acres) 51117223053 (.831 Acres) T/R/S: 3N 1E 17 Property Owner: Keylock Storage Franklin Road, LLC 13965 W. 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Franklin Road, in the NW '/< of Section 17, Township 3N., Range IE.